Defending Healthcare Professionals for Over 25 Years

Dismissal of a Compliant Physician Over-Prescribing Opiates

Professional:
Medicine

Primary Issue:
A physician utilizing the Michigan Automated Prescription System (“MAPS”) became concerned about the scores being displayed for some of his patients and wanted a compliance review of his practice to determine whether his treatment plans were compliance and to improve his practice in the event of a review. Chapman Law Group conducted a thorough review of the practice and provided him with a compliance plan to improve his practice’s compliance efforts.

Several months later, the Government began an investigation and generated a complaint of over-prescribing against the physician and compelled production of the physician’s medical records. The medical records were produced to the investigators. A statement was provided from the physician related to his practice and the medical records. Chapman Law Group worked with the physician to write the statement regarding each patient to supplement the medical records. The statement highlighted clinical information in the records demonstrating the physician was acting within the standard of care and that the prescriptions were issued for a legitimate medical purpose by a physician acting in the usual course of professional practice.

The statement also included non-clinical information which may not always end up in a medical records. This information included how patients made it to their appointments, what the patient’s family life was like when not relevant to treating or diagnosing the patient, and difficulties the patient was having in their life not related to a medical condition. The non-clinical information was used to show that the physician was actively involved with his patients and cared about them on a personal level. Portions of the compliance plan were also provided to the Government, along with records of additional training and certification the physician had completed after the development of the compliance plan but before we became aware of the Government investigation.

Result:
By proactively and honestly reviewing the physician’s compliance, Chapman Law Group provided a compliance plan that helped the physician improve his practice. Once the Government complaint was made and the investigation was started, we were able to easily show his efforts to improve his practice. More than that though, we were able to show to the Government that the physician was fully engaged in doing the right thing, that he cared for his patients on a personal level, and that the care he was providing exceeded the standard of care. Following its review of the information provided, the Government choose to dismiss the investigation against the physician without taking any adverse action.